V. D. BHARGAVA, J.

( 1 ) THIS is an appeal from order against an order refusing to issue a temporary injunction pending the disposal of a suit. The plaintiff, early in 1951, brought a suit against Maharaja Sri Pateshwari prasad Singh, defendant respondent, for a declaration that he was an under-proprietor of certain plots in dispute. On 7-1-1952, an application was moved for injunction praying that during the pendency of the suit the respondent be restrained from alienating the property in dispute. This application was considered by the learned Civil Judge and he, on 12-11-1952, dismissed the application. He held that there was a prima facie case of the plaintiff but he found that there was no likelihood of any irreparable loss and, therefore, the injunction was refused. Aggrieved by that decision the plaintiff filed this appeal against that order.

( 2 ) DURING the pendency of this appeal an application was moved in this Court by the appellant for issue of an ad interim injunction pending the disposal of the appeal. An ex parte order of injunction was issued but later on when that application was contested, the opposite party respondent offered to place out of the proceeds obtained

Click Here to Read the rest of this document